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Conflicts Keyed to Currie
Clarke v. Clarke
Facts
Mrs. Clarke, a resident of South Carolina, died leaving a will that directed an equal division of her real and personal property between her husband, Mr. Clarke (Plaintiff), and their two daughters. One daughter, Julia, died shortly afterwards. Plaintiff served as administrator of his wife’s estate and as administrator of his deceased daughter. He brought suit in South Carolina to obtain a construction of his wife’s will, his remaining daughter Nancy (Defendant) being represented by a guardian ad litem. The court held the will worked an equitable conversion of the wife’s real property, including property located in Connecticut, so that it would be distributed as personalty. When Plaintiff brought an action in Connecticut seeking instructions, the court there refused to recognize the South Carolina decision on how the will affected the status of the Connecticut property and ruled that, according to Connecticut law, the land located there was to pass as real property. Plaintiff appealed, claiming that the South Carolina decree was entitled to full faith and credit.
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